19 U.S.C. § 1821 — Basic authority for trade agreements

Page 440 TITLE 19—CUSTOMS DUTIES §§ 1802 to 1805 ABOLITION OF OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS The legal authority for the establishment and oper- ation of the Office of the Special Representative for Trade Negotiations in the Executive Office of the Presi- dent was changed by section 141 of the Trade Act of 1974, which is set out as section 2171 of this title. For abolition of the Office as established under Ex. Ord. No. 11075 [see below], and for establishment of the Office pursuant instead to the Trade Act of 1974, with provi- sion for the transfer of assets, liabilities, contracts, property, records, unexpended balances and funds, and personnel to the Office as established pursuant to stat- ute rather than Ex. Ord. 11075, see section 2171 of this title. Executive Documents PRESIDENT’S EXPORT COUNCIL For provisions relating to establishment of Presi- dent’s Export Council and the Council’s functions con- cerning export expansion, see Ex. Ord. No. 12131, May 4, 1979, 44 F.R. 26841, set out as a note under former sec- tion 4601 of Title 50, War and National Defense. EXECUTIVE ORDER NO. 11075 Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473, as amend- ed by Ex. Ord. No. 11106, Apr. 18, 1963, 28 F.R. 3911; Ex. Ord. No. 11113, June 15, 1963, 28 F.R. 6183, which related to the administration of the trade agreements program, was revoked by Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, set out under section 2111 of this title. §§ 1802 to 1805. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section 1802, Pub. L. 87–794, title IV, § 401, Oct. 11, 1962, 76 Stat. 902, enumerated activities to be performed by heads of agencies in performing functions under Trade Expansion Act of 1962. Section 1803, Pub. L. 87–794, title IV, § 402, Oct. 11, 1962, 76 Stat. 902, required an annual Presidential report to Congress on trade agreement program and on tariff adjustment and other adjustment assistance. See sec- tion 2213 of this title. Section 1804, Pub. L. 87–794, title IV, § 403, Oct. 11, 1962, 76 Stat. 902, covered operations of United States Tariff Commission [now the United States Inter- national Trade Commission]. See section 2231 of this title. Section 1805, Pub. L. 87–794, title IV, § 404, Oct. 11, 1962, 76 Stat. 902, provided for separability of provisions of Trade Expansion Act of 1962. See section 605 of Pub. L. 93–618, set out as a note under section 2101 of this title, for provisions covering separability of various parts of Trade Act of 1974. § 1806. Definitions For purposes of this chapter— (1) Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072. (2) The term ‘‘duty or other import restric- tion’’ includes (A) the rate and form of an im- port duty, and (B) a limitation, prohibition, charge, and exaction other than duty, imposed on importation or imposed for the regulation of imports. (3) to (5) Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072. (6) The term ‘‘modification’’, as applied to any duty or other import restriction, includes the elimination of any duty. (Pub. L. 87–794, title IV, § 405, Oct. 11, 1962, 76 Stat. 902; Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–794, which is classified principally to this chapter. For complete classification of Pub. L. 87–794 to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 1975—Pub. L. 93–618 repealed pars. (1), (3), (4), and (5), which defined ‘‘agency’’, ‘‘firm’’, ‘‘directly competitive with’’, and ‘‘product of a country’’, respectively. See section 2481 of this title. SUBCHAPTER II—TRADE AGREEMENTS PART I—GENERAL AUTHORITY § 1821. Basic authority for trade agreements (a) Determination by President; trade agree- ments; modification or continuance of exist- ing duties Whenever the president determines that any existing duties or other import restrictions of any foreign country or the United States are un- duly burdening and restricting the foreign trade of the United States and that any of the pur- poses stated in section 1801 of this title will be promoted thereby, the President may— (1) after June 30, 1962, and before July 1, 1967, enter into trade agreements with foreign countries or instrumentalities thereof; and (2) proclaim such modification or continu- ance of any existing duty or other import re- striction, such continuance of existing duty- free or excise treatment, or such additional import restrictions, as he determines to be re- quired or appropriate to carry out any such trade agreement. (b) Restrictions on decrease or increase in rate of duty Except as otherwise provided in this sub- chapter, no proclamation pursuant to subsection (a) shall be made— (1) decreasing any rate of duty to a rate below 50 percent of the rate existing on July 1, 1962; or (2) increasing any rate of duty to (or impos- ing) a rate more than 50 percent above the rate existing on July 1, 1934. (Pub. L. 87–794, title II, § 201, Oct. 11, 1962, 76 Stat. 872.) Statutory Notes and Related Subsidiaries WOOD-WIND AND PARTS OF WOOD-WIND INSTRUMENTS Pub. L. 90–234, § 2(b)(2), Dec. 30, 1967, 81 Stat. 752, pro- vided that: ‘‘The amendments made by the first section of this Act, insofar as such amendments relate to items 725.24 and 726.70 of the Tariff Schedules of the United States, shall not affect the authority of the President contained in section 201(a)(2) of the Trade Expansion Act of 1962 [subsec. (a)(2) of this section].’’ DICYANDIAMIDE AND LIMESTONE: DUTY-FREE ENTRY Duty-free treatment pursuant to this chapter of dicyandiamide in item 425.40 and limestone when im- ported for use in manufacture of cement in item 513.34 of the Tariff Schedules of the United States, by provi- sion for non-application of subsec. (b)(1) of this section, see section 1823 of this title. Page 441 TITLE 19—CUSTOMS DUTIES § 1862 § 1822. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section, Pub. L. 87–794, title II, § 202, Oct. 11, 1962, 76 Stat. 872, made special provision for low-rate articles. § 1823. Waiver of limitation on decrease in duty and negotiation and staging requirements for dicyandiamide and limestone For purposes of the Trade Expansion Act of 1962 [19 U.S.C. 1801 et seq.], section 201(b)(1) [19 U.S.C. 1821(b)(1)] (relating to limit on decrease in duty), sections 221, 223, and 224 [19 U.S.C. 1841, 1843, 1844] (relating to certain requirements con- cerning negotiations), and section 253 [19 U.S.C. 1883] (relating to staging requirements) of such Act shall not apply with respect to dicyandiamide provided for in item 425.40 of the Tariff Schedules of the United States, and shall not apply with respect to limestone, when im- ported to be used in the manufacture of cement, provided for in item 513.34 of such Schedules. (Pub. L. 90–14, May 5, 1967, 81 Stat. 14.) Editorial Notes REFERENCES IN TEXT The Trade Expansion Act of 1962, referred to in text, is Pub. L. 87–794, Oct. 11, 1962, 76 Stat. 872, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. Sections 221, 223, 224 and 253 of the Trade Expansion Act of 1962, referred to in text, were repealed by Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072. The Tariff Schedules of the United States, referred to in text, to be treated as a reference to the Harmonized Tariff Schedule pursuant to section 3012 of this title. The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. CODIFICATION Section was not enacted as part of the Trade Expan- sion Act of 1962 which is classified principally to this chapter. PART II—EUROPEAN ECONOMIC COMMUNITY §§ 1831 to 1833. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section 1831, Pub. L. 87–794, title II, § 211, Oct. 11, 1962, 76 Stat. 873, made provision for trade agreements with the European Economic Community. Section 1832, Pub. L. 87–794, title II, § 212, Oct. 11, 1962, 76 Stat. 874, made special provision for trade agree- ments covering agricultural commodities. Section 1833, Pub. L. 87–794, title II, § 213, Oct. 11, 1962, 76 Stat. 874, made special provision for trade agree- ments covering tropical agricultural and forestry com- modities. PART III—REQUIREMENTS CONCERNING NEGOTIATIONS §§ 1841 to 1846. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section 1841, Pub. L. 87–794, title II, § 221, Oct. 11, 1962, 76 Stat. 874, made provision for the giving of advice by the Tariff Commission [now the United States Inter- national Trade Commission] concerning trade agree- ments. See section 2151 of this title. Section 1842, Pub. L. 87–794, title II, § 222, Oct. 11, 1962, 76 Stat. 875, made provision for the giving of advice by other sources concerning trade agreements. See section 2152 of this title. Section 1843, Pub. L. 87–794, title II, § 223, Oct. 11, 1962, 76 Stat. 875, provided for public hearings in connection with proposed trade agreements. See section 2153 of this title. Section 1844, Pub. L. 87–794, title II, § 224, Oct. 11, 1962, 76 Stat. 875, set out prerequisites for offers for modi- fication or continuance of duties or other import re- strictions, or continuance of duty-free or excise treat- ment. See section 2154 of this title. Section 1845, Pub. L. 87–794, title II, § 225, Oct. 11, 1962, 76 Stat. 876, provided for the reservation of articles from trade negotiations. See section 2137 of this title. Section 1846, Pub. L. 87–794, title II, § 226, Oct. 11, 1962, 76 Stat. 876, provided for the transmission of agree- ments to Congress. See section 2212 of this title. PART IV—NATIONAL SECURITY § 1861. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section, Pub. L. 87–794, title II, § 231, Oct. 11, 1962, 76 Stat. 876; Pub. L. 88–205, pt. IV, § 402, Dec. 16, 1963, 77 Stat. 390, covered products of Communist countries or areas. § 1862. Safeguarding national security (a) Prohibition on decrease or elimination of du- ties or other import restrictions if such re- duction or elimination would threaten to im- pair national security No action shall be taken pursuant to section 1821(a) of this title or pursuant to section 1351 of this title to decrease or eliminate the duty or other import restrictions on any article if the President determines that such reduction or elimination would threaten to impair the na- tional security. (b) Investigations by Secretary of Commerce to determine effects on national security of im- ports of articles; consultation with Secretary of Defense and other officials; hearings; as- sessment of defense requirements; report to President; publication in Federal Register; promulgation of regulations (1)(A) Upon request of the head of any depart- ment or agency, upon application of an inter- ested party, or upon his own motion, the Sec- retary of Commerce (hereafter in this section re- ferred to as the ‘‘Secretary’’) shall immediately initiate an appropriate investigation to deter- mine the effects on the national security of im- ports of the article which is the subject of such request, application, or motion. (B) The Secretary shall immediately provide notice to the Secretary of Defense of any inves- tigation initiated under this section. (2)(A) In the course of any investigation con- ducted under this subsection, the Secretary shall— (i) consult with the Secretary of Defense re- garding the methodological and policy ques- tions raised in any investigation initiated under paragraph (1), (ii) seek information and advice from, and consult with, appropriate officers of the United States, and (iii) if it is appropriate and after reasonable notice, hold public hearings or otherwise af- ford interested parties an opportunity to present information and advice relevant to such investigation.